Campus SaVE

Roberta Gibbons, PhD Metropolitan State University





Review the pre-SaVE federal requirements for college campuses related to sexual assault response Understand the requirements of the Campus SaVE Act  Identify changes to the Annual Security Report

Statement of Policy  Identify additional crimes covered  Understand the training requirements  Understand the prevention requirements



Identify the limitations of Campus SaVE

 

 

The Clery Act The Sexual Assault Victim’s Bill of Rights Title IX and the Dear Colleague Letter The recently-passed Campus SaVE Act

Must publish annual report (3 years) which discloses crime statistics  Make timely warnings to the campus community about crimes that pose an ongoing threat  Must make available a public crime log  Failure to comply can result in significant monetary fines 

    

Accuser and accused must have the same opportunity to have others present. Both parties shall be informed of the outcome of any disciplinary proceeding. Survivors shall be informed of their options to notify law enforcement. Survivors shall be notified of counseling services. Survivors shall be notified of options for changing academic and living situations.

ALL of these are codified under Campus SaVE



Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.



Schools must: o Disseminate a notice of non-discrimination o Designate at least one employee to be Title IX coordinator o Publish grievance procedures that provide prompt and equitable resolution

If a school becomes aware of sexual harassment or violence, they must take: 

immediate and appropriate action to investigate what occurred;



prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects;



steps to protect the complainant;

 Location of complaint does not matter  Complaint can be filed by anyone

 Mediation is not appropriate as a primary way to

address incident  “Schools should not wait for completion of criminal

proceeding . . . and, if needed, must take immediate steps to protect the student”  Must use preponderance of evidence standard *

 



OCR has given guidance that we should make every effort to honor victim’s wishes Establish guidelines regarding confidentiality that allow for a balance of privacy and ability to get support Balance honoring victim’s wishes and mandatory investigation



Campus SaVE    

Re-iterates much of Clery /Victims Bill of Rights Expands types of crimes Annual Security Report must include Requires several additions to the ASR statement of policy Written notice to survivors who make a report ▪ Procedure ▪ Rights ▪ Possible sanctions

 Requires annual training for anyone involved in the response

procedure  Requires prevention education for all incoming students and new employees (bystander and risk reduction)



Categories of Prejudice - actual or perceived:        

Race Gender Religion Sexual orientation National origin* Gender identity* Ethnicity Disability 11



Hate Crimes  Murder and non-

     

negligent manslaughter Forcible sex offenses Non-forcible sex offenses Robbery Aggravated assault Burglary Motor vehicle theft

    

Arson Larceny-theft Simple assault Intimidation Destruction/damage/ vandalism of property  Domestic violence*  Dating violence*  Stalking*

12



ASR Policy statements shall include:  “Procedures victims should follow if domestic

violence, dating violence, sexual assault or stalking occur, including information in writing about—” ▪ The importance of preserving evidence to prove a crime or obtain a protective order ▪ To whom such incidents should be reported ▪ That, if the victim wishes, campus authorities may assist the victim in notifying police ▪ Victim’s options to notify (may also decline to notify) ▪ Law enforcement (campus and local) ▪ Campus authorities

13



ASR Policy statements to include • Written notification of students and employees

about existing ▪ ▪ ▪ ▪ ▪ ▪

Counseling Health Mental health Victim advocacy Legal assistance Other services available for victims

• Both on campus and in the community 14



ASR Policy statements to include:  Rights of victims and institutional responsibilities

regarding ▪ ▪ ▪ ▪

Orders of protection No contact orders Restraining orders Or similar lawful orders

 Issued by criminal, civil or tribal court

15



ASR Policy statements to include  Written notification of victims about options for, and

available assistance in, changing (at victim’s request) ▪ ▪ ▪ ▪

Academic Living Transportation Working situations

 If reasonably available and  Regardless of whether victim chooses to report to

campus officials or local law enforcement 16



ASR Policy statements to include:  Information about how confidentiality of victims will be protected, including how publicly available recordkeeping will be accomplished without including identifying information about the victim, to the extent permissible by law. ▪ Timely warnings must withhold the names of victims as confidential

17



ASR must include “a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from “a report of domestic violence, dating violence, sexual assault and stalking.”  SaVE does not require a particular standard, but

the DCL advises preponderance of the evidence (more likely than not)* 18



ASR Policy statements must include:  Possible sanctions or protective measures that [an]

institution may impose following a final determination of an institutional disciplinary procedure regarding ▪ ▪ ▪ ▪ ▪ ▪

Rape Acquaintance rape Domestic violence Dating violence Sexual assault Stalking 19

  

Prompt, fair, impartial investigation Both parties have the right to have others present during disciplinary process Both parties receive written outcomes of disciplinary proceedings at the same time



A student or employee who reports to an institution of higher education that s/he has been a victim of    



Domestic violence Dating violence Sexual assault Stalking

whether it has occurred on or off-campus, shall be provided with a written explanation of his or her rights and options, as described 21



Institutional disciplinary procedures for such cases must clearly state that the proceedings will  “be conducted by officials who receive annual

training on the issues related to”: ▪ The four types of cases: Domestic violence, Dating violence, Sexual assault, Stalking ▪ How to conduct an investigation “that protects the safety of victims and promotes accountability” ▪ How to conduct a hearing process “that protects the safety of victims and promotes accountability”

22



ASR must include a statement of policy regarding –  Prevention Programs: “to prevent domestic

violence, dating violence, sexual assault, and stalking”  Ongoing Education Programs “to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking…” 23





Primary prevention and awareness programs for all incoming students and new employees which shall include— A statement that the institution…prohibits ▪ ▪ ▪ ▪

Domestic violence Dating violence Sexual assault Stalking

 Definitions of each of the above “in the

applicable jurisdiction” 24





Primary prevention and awareness programs for all incoming students and new employees which shall include—” the applicable jurisdiction’s “definition of consent in reference to sexual activity” *

25



Primary prevention and awareness programs for all incoming students and new employees which shall include— 

“safe and positive options for bystander intervention”

targeted to “prevent harm or intervene” in cases of domestic violence, dating violence, sexual assault or stalking 

“information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks”

26



Institutions must engage in “ongoing prevention and awareness campaigns for students and faculty” pertaining to  “Education programs to promote the awareness

of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking…”

27



   

Evidence standard was removed from legislation (Some schools use “clear and convincing”) ≠Title IX “report” vs. “actual notice” ≠Title IX “consent as defined by jurisdiction” vs. “unwanted” ≠Title IX Apparent open timeline on “final resolution” ≠Title IX Appeal possibility lengthens time before OCR remedy =Title IX

      

SaVE codifies much of DCL, but not all of it SaVE re-iterates much Clery/Student Right to Know/Victims’ rights SaVE expands hate crimes categories and types of offenses SaVE requires prevention programming SaVE requires annual training for those involved in campus response/adjudication SaVE has detailed requirements regarding campus policy and response to sexual violence SaVE leaves some questions unanswered